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Preface
This work is a combination of my experiences as a student, teacher and researcher. My public law, political science, and public policy backgrounds have been very instrumental. I have had the opportunity of researching, learning and/or teaching some pivotal subjects of public administration notably: Administrative Institutions and General Principles of
Administrative Law (Institutions Administratives et Droit Administrative Générale), Financial Institutions and Public Finance (Institutions Financières et de Finances Publiques), Local Public Law and Political Life (Droit Public Local et Vie Politique), Local Governance and Democracy (Governance Locale et Démocratie), Law Decentralization (Droit de la Décentralisation), Public Personnel Law (Droit de la Fonction Publique) and Administrative Justice (Contentieux Administrative).
This work adopts a panoramic view of public administration, with emphasis on legal aspects. I was inspired by American authors who adopted a holistic approach to public administration especially: Grover Starling, Stillman Richard, Levine Charles, and Nicolas Henry. I was also motivated by specialized works on American Administrative law especially those of Warren Kenneth, Jacobini H.B, Rosenbloom David and renowned French authors of Droit Administratif notably Debbasch Charles, Laubadere André de, Rivero Jean, Waline Jean and Chapus René. The works of Cameroonian authors
particularly Kandem Jean Claude, Joseph Owona, Nlep Roger Gabriel, Kamto Maurice, Biyoum Joseph, Tchapnga Keutcha Célestin, Djuitchoko Sietchoua Célestin, Bilong Salomon, Eric Herman Nforbin and Folefack Ernest on the relationships between the administration and the law were very influential to the realization of this work.
In contemporary world, the Administrative Law challenge is balancing societal and individual rights even if the approaches differ. In the United States, Administrative Law typically involves the growth of administrative power, authority delegation, political control of the agencies, acquiring and disclosing information, protecting administrators,
procedural due process, formal adjudications, procedural shortcuts, rulemaking/ordermaking, agency hearings and obtaining judicial review. Jacobini et al thus defines Administrative Law as a branch of Public law which consists of those norms establishing and governing public agencies and officials, the rules that such agencies
themselves make, and the court rulings that circumscribe agencies and their rules. Much of the process is set forth in basic national and State procedural laws, usually known as the Administrative Procedure Acts (APA).
From the French tradition, Droit Administratif involves essentially, Administrative Organization (centralization, deconcentration and decentralization laws), the principle of legality, Ways of Administrative Action (the public services and administrative police powers) Procedures of Administrative Action (unilateral administrative acts and administrative contracts) and Administrative Justice or litigations. For the purposes of this study, the French orientation is adopted since the Cameroonian ‘administrative law’ is inspired essentially by the French. However, since this study is on the administration in general, there is additional information on administrative resources specifically Public Personnel law, and Budgetary and Finance law.
The legal approach has been adopted for many reasons. The study of structures, institutions, general principles and laws is a starting point par excellence of more profound studies. From this stand point, the theory can easily be compared to the practice. The administrative environment is multi-dimensional with political, economic, social, cultural and legal aspects; however it is the legal environment that provides fundamental guidelines and sanctions for violations. The administration possesses legal personality with rights and obligations, consequently can sue and be sued. Therefore administrators, law students and researchers have to possess basic knowledge regarding the fundamental laws that govern the political system.
Since the 1990s, many public administrators especially those of developing countries have witnessed the impact of globalization and democratization tendencies.
These have been after the pre-colonial, colonial and Cold War eras which influenced governments in various ways. With the new tendencies, African countries have engaged or have been imposed administrative reforms in order to meet with new political, economic, and social exigencies. Cameroon in particular passed through political and economic crises and has been part of the Structural Adjustment Programmes (SAPs) and the Heavily Indebted Poor Countries Initiative (HIPC) Programme. As a response to these and to meet the exigencies of more liberal environments, the starting point has been the revision of laws that hitherto governed the administration. Needless to say, law as a discipline is a dynamic subject that needs frequent updates. Logically, article 67 of the 1996 Cameroon constitution states that the new institutions provided shall be set up progressively.
This work is expected to fill a vacuum in the Cameroonian literature on public law and political science. It is the first to adopt a holistic view of the administrative system. It is expected to provide students, teachers, researchers, administrators and anybody interested in public administration the laws governing the system. It attempts to deal with the often wrongly translated notions and concepts. It is expected to give future researchers the theoretical foundations for more profound research. As an introductory work, it provides the basics of each of the parts for future detailed studies and analyses. It should not be forgotten that the public administration is pivotal to the development of any society, and enacting and implementing good rules is a sine qua non for an effective and efficient
public administration.
Prof. Moye Godwin Bongyu
Phd, Public Administration and Policy
